September 29, 1998

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Status Report: 9 Jackes Avenue- Official Plan and Zoning By-law Amendment No. 198003 to permit a 19 unit residential building. (Midtown)

Purpose:

To advise City Council on the status of the Official Plan amendment, rezoning application and Ontario Municipal Board appeals for 9 Jackes Avenue and to seek authority to report directly to City Council on this application, if timing requires.

Source of Funds:

Not applicable

Recommendations:

That the Commissioner of Urban Planning and Development report directly to City Council, if required, on the Official Plan Amendment and Rezoning application for 9 Jackes Avenue.

Background:

Shane Baghai Construction Contracting Inc., 1131A Leslie Street, Suite 220, Toronto, Ontario M3C 2K6 on behalf of Empire Jackes Properties Inc., 9104 Yonge Street, Richmond Hill, Ontario, L4C 6Z9 made an application to the City of Toronto for an Official Plan Amendment and Rezoning for 9 Jackes Avenue. The application, for the construction of a new 10 storey residential building containing 19 units was submitted February 25, 1998.

A preliminary planning report, dated March 18, 1998 was submitted to Toronto Community Council at its meeting of April 1, 1998. Toronto Community adopted the recommendations contained in the preliminary report and requested the Commissioner of Urban Planning and Development Services to investigate the use of Section 37 of the Planning Act to secure appropriate community benefits related to this development.

A public meeting was held on June 9, 1998 in the community to discuss the application. Approximately 80 people attended the meeting. The major issues raised at the meeting were the size of the proposed development and the potential impact on adjacent properties.

A notice of appeal was received by the City Clerk on July 14, 1998, from Murray H. Chusid, Solicitor for Shane Baghai Construction Contracting Inc. The applicant has appealed both the Official Plan Amendment and Rezoning applications to the Ontario Municipal Board. The appeals were made on the basis that the City had not made a decision within the statutory 90 days period set out in the Planning Act.

Comments:

The applicant has expressed a willingness to continue to work with the City on resolving the planning issues raised by both this Department and the local neighbours. Staff have recently met with the applicant's planner and architect to discuss the concerns with the current application. In the meeting the applicant proposed some revised concepts for discussion. These revised concepts are still preliminary and lack details required to undertake a proper analysis.

Staff will continue to work with the applicant and the local community to try and develop a project that is supportable.

Currently no date has been set by the Ontario Municipal Board. However according to discussions with OMB staff a pre-hearing could be scheduled for November or December of this year. To ensure that the City's interests are protected, I am recommending that, if required, I report directly to City Council on the original application or on any revised application that may be submitted. Otherwise, I will be reporting further on this application to the Toronto Community Council.

Contact Name:Gregory Byrne

City Planning Division, North Section

Telephone:392-0881

Fax:392-1330

E-mailgbyrne@city.toronto.on.ca

Beate Bowron

Director, Community Planning, South District

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